Damages Awarded In Respect Of Failure To Diagnose Knee Infection.

The Plaintiff in this action, an 8 year old boy, sustained injury whilst playing football at his primary school in December 2004. Several days after the injury had occurred he was taken to his General Practitioner who suspected an infection in the knee. In the circumstances the General Practitioner dispatched the child, with his father, to the Royal Belfast Hospital for Sick Children. The child was originally taken there on 8 December 2004. The doctor at the Royal Belfast Hospital for Sick Children failed to diagnose the infection of the knee and failed to prescribe antibiotics. As a consequence of same, the infection became worse. The Plaintiff returned to his General Practitioner who once again sent him to the Royal Belfast Hospital for Sick Children. On this occasion a diagnosis of infection was made and the Plaintiff was required to undergo surgery.

Proceedings were issued on behalf of the Plaintiff in 2006. The matter came before the High Court on Monday 22 September 2008. Prior to the commencement of Hearing, the Solicitors acting on behalf of the hospital admitted liability in respect of the hospitals failure to appropriately diagnose the infection on the occasion of the first attendance at the Accident & Emergency Department. As a consequence the case proceeded solely on the basis of an assessment of the quantum of the case. This means simply that the Judge was requested to assess the value of the personal injuries sustained.

The Judge heard in the course of the Hearing that as a consequence of the failure to diagnose the infection, the Plaintiff was required to undergo an operation which he would otherwise have avoided. Had the Plaintiff been prescribed antibiotics then that would have dealt with the infection there and then. As it was, the Plaintiff was admitted to hospital for a period of approximately 10 to 12 days. He was obliged to undergo an operation, under general anaesthetic. He sustained scarring to his knee. The Plaintiff was also caused to develop an adjustment disorder, as diagnosed by a psychiatrist. Having heard all of the evidence on behalf of the Plaintiff in this case, the Court found that the proper quantum of the Plaintiff’s injuries is £20,000 plus interest. As the Plaintiff is a minor, a person under 18 years, the Judge directed that the damages be invested in his favour until he is 18 years old.